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TOPIC: FLS1502 - assignment 2 - semester 1 2014
#113767
FLS1502 - assignment 2 - semester 1 2014 3 Years, 9 Months ago Karma: 7
Hi Guys,

Anyone have thoughts as to question 4. Found it a bit confusing but I think Brutus is the servient tenement and Julius is the dominant tenement.

The requirement of praedio utilitas means that the servitude must benefit the dominant tenement (Julius).

So I have decided that 3 is correct? What do you guys think? p 60 Study Guide
Chloe
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#116449
Re: FLS1502 - assignment 2 - semester 1 2014 3 Years, 9 Months ago Karma: 0
I think so too, and as such Brutus has no duty to fix the duct he only has to as the servient tenement, he could not be expected to do something, he was to permit or endure something, what I am not sure of is what then was Julius to have the duck opened, could he go in to fix it and Brutus would just have to endure him?
zukkie
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#117042
Re: FLS1502 - assignment 2 - semester 1 2014 3 Years, 9 Months ago Karma: 0
hi can you help me with question 2.1 and question 2.3 for fls1502 tanx
Dark night
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#120506
Re:FLS1502 - assignment 2 - semester 1 2014 3 Years, 8 Months ago Karma: 0
1. 1
2. 2
3. 2
4. 4
5. 2
6. 3
7. 2
8. 4
9. 1
10. 3
11. 1
12. 2
13. 1
14. 1
15. 1
16. 1
17. 2
18. 1
19. 2
20. 1

Comment if you differ...
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#120693
Re:FLS1502 - assignment 2 - semester 1 2014 3 Years, 8 Months ago Karma: 1
Hi Dschreve.... We differ as follows:

q6 - 4 (from what i understand, the contract is not concluded/terminted untill the condition has been met. That's why i chose option 4 where none of the options are correct. Perhaps you can shed more light on your understanding.)

q15 - 2 ( read page 93 and take note of the difference between ''void'' and ''voidable''. A contract concluded as a result of fraud is voidable and not void.)
arisha0001
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Last Edit: 2014/03/24 22:08 By arisha0001.
Regards
Arisha Singh
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#120711
Re:FLS1502 - assignment 2 - semester 1 2014 3 Years, 8 Months ago Karma: -11
Hi Dschreve,

I differ on Question 4 and 15

Anyone else?

Thanks Theo
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If you cant explain it, in laymen terms, then you dont understand it, yourself (Einstein)
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#120719
Re:FLS1502 - assignment 2 - semester 1 2014 3 Years, 8 Months ago Karma: 0
tnx u good u r a star
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#120746
Re:FLS1502 - assignment 2 - semester 1 2014 3 Years, 8 Months ago Karma: 0
Hi, arisha0001 and theoniel,

I'll have a look tonight and let you know why I chose my answers.

Thx for the reply.
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Last Edit: 2014/03/25 10:55 By dschreve.
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#120789
Re:FLS1502 - assignment 2 - semester 1 2014 3 Years, 8 Months ago Karma: 0
Hi,

Okay, I did some research and found the following with regards to Q15:

"Maria deliberately mislead Petrus and the contract was concluded as a result of her misrepresentation. in a contract based on ood faith, such as sale, this renders the contract voidable and Petrus could therfore request that it be declared void. He could also institute an action for damages."

This was one of the previous answers of an assignment question. It seems that the answer will be false then.

The reason for my answer with regards to Q6 are stated in diagram 10 on page 92. With a suspensive condition the contract is only concluded when the condition is fulfilled whereas with a suspensive term the contract is concluded immediately, but only enforceable when the suspended term has been complied with. Thus, Q6 - 3 (only b is correct).

Let me know what your thoughts are...

Theo, what is your answer for Q4?
dschreve
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Last Edit: 2014/03/25 13:47 By dschreve.
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#120883
Re:FLS1502 - assignment 2 - semester 1 2014 3 Years, 8 Months ago Karma: 7
Seems only 3 questions are in dispute:

Mine are

4 - 4
6 - 3
15 - 2
Chloe
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#120945
Re:FLS1502 - assignment 2 - semester 1 2014 3 Years, 8 Months ago Karma: 0
Question 15...if the contract was concluded as a result of fraud...it would be voidable and not void.
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#120957
Re:FLS1502 - assignment 2 - semester 1 2014 3 Years, 8 Months ago Karma: 0
Hi

Q15 should be (2). The word void has a different meaning to voidable
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